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Anderson Cooper 360

News/Business. (2011) (CC)

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TOPIC FREQUENCY

Casey Anthony 23, Casey 10, Us 9, John 7, Marcia Clark 6, Jeffrey Toobin 6, Florida 5, Manhattan 4, Anthony 4, California 4, Sonny 3, Neutrogena 3, U.s. 3, Dominique Strauss-kahn 3, Sonny Hosten 3, Pinsky 3, Cyrus Vance 3, O.j. Simpson 3, Marcia 3, Abc 2,
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  CNN    Anderson Cooper 360    News/Business.  (2011)  (CC)  

    July 7, 2011
    2:00 - 3:00am EDT  

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the state of florida drops a bombshell. they're taking new legal action, a real shocker, trying to make casey anthony pay. details on that. but that's not the only breaking news. we also know why the empty chairs. why the casey anthony jury could not face reporters after voting not guilty on each and every serious charge in the death of her daughter caylee. night two of them are speak out. martin savage has all the breaking news from orlando. martin, casey anthony possibly new legal challenges tonight. what can you tell us about them? >> reporter: well, good evening, john. the state of florida tonight has filed a motion to tax casey anthony for what it says are special costs, that for going after her basically in the prosecution and also the investigation. in other words, it appears what they're looking for is some sort of restitution here.
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now, the state says it needs about 60 days to figure out what those costs will be. well, fit needs that long that would imply the numbers could be fairly significant. and this, of course, plays into the idea that some fear that with her fame, casey anthony may gain a lot of money. well, the state now may be looking to claim some of that money. it's all going to be worked out we think at sentencing tomorrow. we'll wait to see how that happens, john. >> martin, as we wait for that to happen some dramatic new examples tonight. two of the jurors speaking out about why they decided to acquit casey anthony of killing her child. here's what juror number two told the st. petersburg times "i just swear to god i wish we had more evidence to put her away." strong stuff. what else can you tells about these jurors? >> juror number two there. then jury for number three has been speak out to abc and diane sawyer. a number of interesting quotes coming from her and we'll show them to you as i read them here. she starts off by saying "i did not say she was innocent." this is jennifer ford.
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she says "i just said there was not enough evidence. if you cannot prove what the crime was, you cannot determine what the punishment should be." okay. here's what's interesting about that particular quote. it is as any legal person will say, not up to a jury to determine punishment. their job to determine innocent or guilt. so that could be a question as to did the jury really understand their role? and that could be traced back to judge belvin per hi. did he in fact inform them the right way. then number two, this is again juror number three, jennifer ford. she says "everyone wonders why we didn't speak to the media right away. it was because we were sick to our stomach to get that verdict. we were crying and not just the women. it was emotional and we weren't ready." okay. well then, also speaking to barbara walters at abc, jose baez, the lead of the defense team, and he was talking about what the future could be like for casey anthony. here's what was said. >> are you worried about her safety? >> i am. i am. and i'm afraid for her.
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and i don't think it's fair. >> how do you see casey's future? >> i think casey could have been anything she wanted in this world. and i think there are still plenty of things that casey can do in life. and i think casey can be a productive member of society. >> reporter: exactly what casey does next will be determined by what happens inside the building behind us starting at 9:00 in the morning. the time of her sentencing. john? >> breaking news from martin savage tonight. martin, thank you. a lot more to talk about including what happens next for for casey. as martin savage just says. the lawyers back in court tomorrow morning arguing about that. i'll talk to our senior legal analyst jeffrey toobin, o.j. simpson prosecutor marcia clark and dr. drew pinsky. first the crumbling sexual assault case against dominique strauss-kahn. the man who still might be the
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next president of france. who could forget the headlines? hotel maid's lured account and of course the suspect's dramatic capture. new york authorities rushing to the airport to arrest him. but keeping them honest, did they also rush needlessly to indict him? moving too quickly, missing red flags about his accuser's credibility? today lawyers for strauss-kahn sat down with manhattan prosecutors. they called it a constructive meeting. a spokeswoman for the d.a. says says no decisions have been made about dropping the case, the case that if you believe the sound bites sounded like a slam-dunk. >> sir, you said the detectives concluded that victim was a credible victim and that her story had credibility. what is that based on? >> what is that based on? >> yeah. >> it's based on the experience of sexual victims detectives. this is all they do. they investigate these types of crimes.
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obviously credibility of the complainant is a factor in cases of this nature. one of the things that they're trained to look for. >> can you say what it was about her story that made is credible? >> no, i can't. >> the police commissioner ray kelly there four days after strauss-kahn was hauled off his flight and a day before the manhattan d.a. cyrus vance sought an indictment and got it. that day prosecutors were just as confident in their accuser as commissioner kelly was. >> the complainant in this case has offered a compelling and unwavering story about what occurred in the defendant's room. >> what assistant d.a. mcconnel did not say perhaps because he did not know were facts about the alleged victim's past and questions about her account. in a moment former prosecutor sonny hosten and jeffrey toobin on whether they think a rush to prosecute made this case impossible to prosecute. first, though, tom foreman lays out the facts. >> reporter: dominique strauss-kahn's new york arrest
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in mid may was a sensation. the head of the international monetary fund, the potential next president of france, snatched from a jet moments before takeoff, accused of attempted rape by a hotel maid. manhattan democrat cyrus vance put it simply. >> these are extremely serious charges. >> reporter: the maid told police she had gone to clean strauss-kahn's $3,000 a night suite and he had jumped her, naked, chasing, grabbing and molesting her. then, they say, he was running for the airport when she escaped. >> the detectives investigating this case found the complainant to be credible. >> reporter: in short order, other women raised accusations of past improprieties, and under fire strauss-kahn resigned from the imf. his attorneys insisted any encounter with the maid was consentual. but french pundits proclaimed his political future dead. but while all of this was happening, it now appears prosecutors here in the states
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were finding serious cracks in the credibility of strauss-kahn's accuser. authorities now say the woman who is from guinea deceived u.s. immigration officials so she could seek asylum, making false claim ms about suffering a gang rape. they say she lied to investigators about where she was immediately following the alleged hotel attack. and perhaps most troublesome, officials say she spoke by phone with a man in prison, and as a source close to the investigation told cnn, assured him there is money to be made because strauss-kahn is rich. authorities still say there is strong physical evidence of a sexual encounter between strauss-kahn and this woman, and her attorney says none of her past deceptions mean she is lying now. still, it could all make it harder for prosecutors to prove she is telling the truth. john? >> joining me now, two former federal prosecutors, senior legal analyst jeffrey toobin and sonny hosten of "in session "on trutv.
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jeff, simple question off the top. did the prosecution blow it and if so what were the mistakes? >> i think there's one very serious mistake. the arrest on may 14th was obviously the right thing to do. he was about to get on a plane. they had to stop him from getting on a plane. but they only waited 4 1/2 days until indicting him. once he's indicted, the prosecutor is completely committed to this story. they certainly could have waited. they could have held onto strauss-kahn's passport. but allowed him out on bail. and taken the time to investigate it. where was he going to go? he was not going to disappear. the rush to indict was a serious mistake, and the d.a.'s office is paying for that mistake now. >> as they pay for it, sonny, the questions about the victim, the alleged victim's credibility. yet prosecutors are saying they're not ready to drop this case. they city think they have strong enough evidence to go forward. jeff, we'll get sonny's odd crow fixed there. they say sure we have
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credibility issues but they're not ready to drop the case. can you prosecute without putting the accuser on the stand? >> well, you certainly cannot bring a case like this without calling the accuser at all. i mean, the case could not be brought. now, it is possible to put forth a flawed witness. a lot of the people who are witnesses to crimes are criminals themselves. they are troubled people. they have dark chapters in their past. you could go to a jury and say, look, she's not a perfect person. but look at the physical evidence. she was assaulted by this man. that is a perfectly plausible possibility. but it makes the case a lot harder if you have things like a lie about rape practically the same thing as the accusation here in her past. >> and so sonny, come in on that point. you have president sex cases in the past, sex crime cases. how hard is it when you have her credibility at risk here to have some people say, some of her
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story might not be true but that doesn't mean a crime didn't take place. >> that is true. but when you're a prosecutor, john, it's not what really happened, it's what you can prove. i think we've seen this all with the casey anthony case. and so with the victim's credibility decimated in a way like this, there's just no way that this case can go forward. the victim would be the star witness, especially in a case where you have sort of this he said-she said. if they don't believe her, the case goes away. so in my view, in looking at the facts of this case and looking at the brady material that was sent to the defense, there's just no way that you can prosecute this case. >> and how much would this factor in? you have the questions about the victim's credibility. you also have the chief of the sex crimes unit in the prosecutor's office, lisa friel, reportedly taken off the case very early on. then she resigns just a day before major problems in the case surface. can the defense use that as well? >> i don't think they can use it but the circumstances are curious. the d.a.'s office said her resignation has nothing to do with this case.
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she hasn't made formal comment. it is odd the chief of the unit would resign, be taken off this case, just a few days before it started unraveling. so i think that's something that we don't know enough about, but there must be something to it. >> and jeff, late today the alleged victim's lawyer asked the manhattan district attorney cyrus vance to recuse himself because of how his office has handled the case. any way to get that to happen? >> i don't think so. recusals happen when there is some sort of conflict of interest. i don't see any conflict of interest here. this is a troubled case. it is troubled because that the accuser didn't tell the truth. so i think it takes a certain amount of gall for her lawyer to ask the d.a. to recuse himself. maybe his client should have been more honest from the beginning. and i just think that's a red herring. i don't think it's going to lead to anything at all. >> sonny, any impact beyond this case? sex crime victims, already sometimes reluctant to come forward.
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with all this scrutiny on the alleged victim here, do you think there'll be a domino effect, a chilling effect? >> there very well may be. i think that is what so many people are concerned about, especially people like myself who have tried these sex crimes cases. because it is so very difficult for a victim to come forward. and because she has really been skewered in the press, her name is just all over the place now, her identity, i think it could have that chilling effect. but again, because she isn't credible does not mean that she was not sexually attacked. the prosecution may not be able to prove, this but it doesn't mean that it didn't happen. and so hopefully we won't see that sort of chilling effect in prosecuting these kind of cases. >> john, i had a professor in law school who said, there's some people who think some crimes are so serious that not even innocence is a defense. you know, this is important stuff to look at the victim's background. i mean, maybe dominique strauss-kahn is innocent. so you know, sure, we don't want to discourage honest, real victims from coming forward.
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>> that's right. >> but it's important that prosecutors, police and the defense get to investigate these stories, because some of them simply aren't true. >> we'll keep our eye on all angles. sonny hosten, thanks to you tonight. jeff toobin, stick around. we're going to talk cray crayto talk -- casey anthony soon. jeff's back with marcia clark to talk about what comes next for casey anthony. sentencing tomorrow on the lying charges. more on tonight's breaking news. and dr. drew pinsky on what casey's many lies tell us about her future next raw politics. he's threatening to stand alone against what he calls a bad budget deal even if it lead to the government not being able to pay its bills. my conversation with senator rand paul. first let's check in with isha sesay. >> reporter: john, 110 degrees in the shade is usually enough to tell you phoenix is in the desert. but you've never seen the desert in phoenix quite like this before. incredible time-lapse photography. that and much mor there are .
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there are hints of inklings of signs of compromise in the battle over the nation's debt. very small hints very late in the day. at the end of the day august 2 if a deal isn't reached and congress doesn't raise the
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country's debt ceiling, america for the first time ever will not be able to pay its bills. this goes beyond a government shutdown. it would instantly ruin america's credit rating which is why no congress has ever, ever failed to raise the debt ceiling. it's why the big names on the left and the right from paul crewingman to alan greenspan to the chamber of commerce all say missing the deadline would be suicidal. yet both sides have been playing chicken on the issue for months. tonight house minority leader erik cantor against making any revenue increases as part of a debt deal said he might be willing to talk about closing some tax loopholes. he the rest of the gop leadership and their democratic counterparts on call to meet with president obama tomorrow at the white house. some breaking news there, the "washington post" just now moving a story reporting on a possible big concession the president might put on the table. the post reporting he will for the first time offer up significant savings in social security. the newspaper sourcing it to people in both parties with knowledge of the president's proposal. in any case, today mr. obama called on both sides to get
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moving. >> congress has a responsibility to make sure we pay our bills. we've always paid them in the past. the notion that u.s. is going to default on its debt is just irresponsible. and my expectation is that over the next week to two weeks that congress working with the white house comes up with a deal that solves our deficit, solves our debt problems, and makes sure that our full faith and credit protected. >> now, washington speak can be a bit confusing. so a quick reminder. the debt ceiling has nothing to do with new spending. it simply authorizes the treasury to pay out money congress has already authorized. but there are some in congress, including the senator about to hear from, who strongly believe that government should be forced to spend less and don't mind using the threat of a default to get there. >> joining us now from capitol hill, senator rand paul of kentucky. senator, the president today at his town hall said that it is
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the responsibility of congress to make sure the united states doesn't fail to pay its bills. sound like the president's trying to turn the pressure, turn the heat on congress and say, if this fails, if we do not raise the government's debt ceiling, it's your fault. >> well, we're listening. and we actually will present a plan in the morning to raise the debt ceiling, contingent upon significant cuts, statutory caps and a balanced budget amendment. and i think it's good for us to show what we're for. and they need to show us what they're for. and then maybe we can find somewhere in the middle. >> somewhere in the middle. that is the president also says he wants a balanced approach. so i think rhetorically people seem to be trying to be careful here. two weeks to go before you hit the deadline. somewhere in the middle if you cannot get a balanced budget amendment which is most people believe you cannot get because the democrats still run the united states senate. the president of the united states doesn't want a balanced budget amendment. if you can't get that part are you still willing to make a deal as long as you get some other things? or is that a deal breaker for you? >> i'd like to know why the
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president doesn't want to balance the budget or doesn't want a balanced budget amendment of the constitution. i want to have that full-throated debate and discussion both in the congress and in the public. 75% of the public does want a balanced budget amendment. so he's in the minority and he needs to explain to the american public why he's opposed to a balanced budget amendment. but what i perceive as coming towards the democrats is, the democrats say the rich need to bear more of the burden. that seems to be their big mantra in the last week or so. i would say, okay. the rich can bear more of the burden. why don't we have the rich pay the full cost of their medicare and have the rich take reduced social security benefits? a way the rich can absorb more of the burden. i don't want to increase taxes. even if you tax rich people or corporations, it really is taxing everyone because you'll have less jobs and it will hurt the economy. the reason tax revenue's down is that we're growing at such a slow rate. if we could grow again, if our economy could get out of the recession we'd have plenty of revenue. >> so on the tax issue then, you have no wiggle room. because the president made the
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case today, he said look what bill clinton did in the 1990s. he raised taxes on wealthy americans and the economy was booming. george w. bush cut them and we had a more sluggish economy. the current president makes the case that bill clinton is proof if you have modest tax increases on the rich it won't have the impact on job growth the republicans argue. >> two weeks ago most republicans vote today get rid of the ethanol credit. we've shown we're willing to get rid of some credits and deductions. even that should be a balanced approach. most of us think you would lower overall rates and get rid of deductions you would have an enormous boom. when president reagan was here and they lowered rate to 28%, he had 6% growth in one year, and he actually had more revenue. when tax rates were at 90%, you brought in about 18% of gdp in revenue. when tax rates were 28% you brought in 18%. i don't think increasing rates will bring in more revenue. you need to bring in more revenue by growing the economy. we're in this horrible recession. and that's why we don't have
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revenue coming in. >> and so i want to be as clear as we can be for anybody watching out there. senator rand paul says you're open to more revenues if they come from closing loopholes, but you're not going to touch anything that raises rates. >> rates can't go up. i would say that even closing loopholes needs to be done in conjunction with actually low, rates so you spur the economy. but i would say the area where i think we could compromise if the democrats are insistent that rich bear more of the burden, let's.on the benefits side, not on the tax side. and we basically can get to the same goal and find a compromise by saying, look, rich people should pay more of the cost of medicare and rich people probably will have to settle for less benefits from social security. that would fix a lot of the problem. >> and do you see your leadership willing to make that position or as you criticized some of the president's position, are some republican leaders whether it be leader mcconnel on the senate side or speaker boehner on the house side, are some of them opposed to what you're talking about
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there especially medicare and social security, the third rails, touching the entitlements of american politics. is your leadership being too timid? >> no. i think if we work together i think all republicans are willing to do it. unfortunately, see, the other side is not coming to us. they've been putting ads on tv saying we're going to push grandma off a cliff. as long as they keep it at that level we're going to have a divided country and get nowhere. >> i want to read you something "new york times" columnist david brooks wrote the other day. he said if the republican party was a normal party it would take advantage of this-trillions of dollars in spending cuts in exchange for a few million dollar increases in revenue. he is saying if it collapses the republicans will be blamed. >> they're talking about $2 trillion in spending cuts but over a 10 to 15-year period. we can't bind future congresses. so there's no guarantee that any of those cuts ever occur. larry lindsay had an article in the "wall street journal" yesterday. he said if interest rates go up
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two points, you'll have 5 trillion extra in spending on interest. if you look at the exploding charts on spending and debt, it's going to be driven by interest in the next ten years. so i don't think we can count on and trust congress to do what they say we're going to do for ten years. i don't personally trust the body of congress to do what they say. or any of their promises. that's why i would only trust it if we actually amended the constitution to say you have to balance your budget. >> watch how this plays out over the next two weeks. senator rand paul, thanks for your time tonight. >> thank you. just ahead, marcia clark and jeffrey toobin with more on tonight's breaking news on casey anthony. first isha sesay following other stories tonight joins us with a 360 bulletin. >> reporter: john, a federal appeal court has ordered the u.s. government to immediately stop enforcing the law that bans gay service members from serving openly. the pentagon is already in the process of repealing its don't ask, don't tell policy. the white house said it will begin sending condolence letters to the next of kin of service
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members who commit suicide. this shift comes almost six weeks after a group of senators asked president obama to change what they called an insensitive policy that dates back several administrations. jury selection began today in the perjury trial of former major league baseball player roger clemens. the former all-star pitcher is accused of lying under oath to a house committee in 2008 when he denied ever using illegal performance-enhancing drugs. and john, listen up. dallas cowboys receiver roy williams is suing his ex-girlfriend brook daniels. he proposed to the former texas miss usa in february by mail. he apparently sent her a taped proposal and a $76,000 ring. she turned him down but kept the ring. he wants the ring back. let me just say for all those suitors out there, don't propose by mail. that is just so not cool. >> would you give the ring back? >> i mean, he wants the ring back. i mean -- >> but would you give it back?
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>> yes, i'd give it back. what a shocking thing to ask. >> wouldn't it depend on how good a ring it was? >> no. i mean, look. it's not working out. he can take his ring. but he'll probably get a note with the ring. >> i would love to read that note. all right. isha, stay right here. time now for the shot. i want to see that note, though. tonight this incredible time lapsed video of the massive dust storm that hit phoenix yesterday. this is a cnn report shot by mike olbinski. he was taking pictures of the sunset when the dust storm moves in. he says it looked like it was from a movie. >> no doubt about it. those are incredible pictures. and i like what it's called in arabic. you know what that's called? did you see it? >> i only learned from reading the research today. i would not have known this so i'm going to let you go on this one. >> it is called a haboob. that is the arabic world for wind. and that is quite a breeze that's coming down there. >> i remember seeing some dust storms in the first gulf war, but nothing like that. i think it's the scape and the
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skies. that is amazing work. >> it is. great photography. really do appreciate the ireport there. >> everybody -- casey anthony's attorney talks about whether the verdict was justice for little caylee. plus we'll look at what's next for casey anthony who could be a free woman as early as tomorrow. also tonight marcia clark who was the prosecutor from o.j. simpson's murder trial. she says the verdict in the anthony trial even worse than the o.j. verdict. we'll talk to her coming up. a l. and while that leaves a little room for balls and tees, it doesn't leave room for much else. there's no room left for deadlines or conference calls. not a single pocket to hold the stress of the day, or the to-do list of tomorrow. only 14 clubs pick up the right
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as we mentioned off the top breaking news tonight in the casey anthony case. two jurors now speaking out. juror number three says she and the rest of the jury were sick to their stomachs and crying after the verdict. she says it came down to the fact there wasn't enough evidence to convict anthony. juror number two says essentially the same thing. he told the st. petersburg times he wishes there was enough evidence to "put her away." also speaking out today, casey anthony' defense attorney, jose baez, told barbara walters he thinks justice was served for both casey and caylee. >> i think caylee would never have wanted her mother to suffer this way. and caylee certainly would never have wanted her mother to die. and i don't think we could have dishonored caylee's memory with a false conviction. and that's what would have happened if she were found guilty of her murder.
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>> as early as tomorrow, casey anthony will be a free woman. but the legal wrangling isn't over. once again, here's martin savage. >> reporter: stunned by its loss in the casey anthony trial, the state of florida tonight is filing a motion to tax anthony for what it calls special costs of investigation and prosecution. in other words, bill her for the state's police and legal work. any money she makes as a result of her fame could go to those costs. in addition, there is a potential civil suit. remember anthony's original claim that her daughter was kidnapped by her nanny, who she identified as zenaida gonzales? the story was a lie, but police actually tracked down and questioned a woman by the same name. now that woman is planning to sue anthony for defamation. both suits greet anthony as she potentially walks free tomorrow. the four guilty verdicts could mean a total sentence of about four years. the big question is would that time be served concurrently, all at the same time, or
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consecutively, meaning one after another? >> that's going to depend on how the judge cease these four counts. does he see them as four lies about the same thing? or four separate acts? >> reporter: even if the judge decided to give her the max time, consecutively, she's already served three years, allowing for what in florida is called gain time and good behavior, any additional sentence might be a wash. there are some potential complicating factors. casey anthony already has a felony conviction. check fraud. and the judge might take that into account. >> this prior conviction, which occurred during the 31 days, by the way, for this check fraud, is going to hurt her. because on that score sheet that judge has, that's now going to put her closer to one year than it would to probation. >> reporter: so let's say casey gets to walk. it won't be out the front door of the courthouse. a statement from the orange county corrections department says that due to the high profile nature of this case, and intense emotional interest,
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appropriate measures will be taken to release the acquitted into the community in such a manner so as to preserve the safety of the acquitted individual and the public." but where would casey go? given the way the trial seemed to bitterly divide the anthony family, it seems unlikely she'll go live with mom and dad. instead, her legal team is likely to whisk her away to points unknown. martin savage, cnn, orlando. >> not since o.j. simpson was found not guilty has there been such a strong public reaction to a jury verdict. marcia clark was the prosecutor in the simpson trial and is the author now of the novel "guilt by association." she joins us. and back with us our senior legal analyst jeffrey toobin. marcia, no stranger to controversial verdicts. you think this one even more shocking than the simpson verdict. why? >> well, i do. i do. because in the simpson case we began with someone who was a nationally-recognized football star, a star of television and the big screen in "naked gun."
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people already had an opinion of what they thought of him. and it certainly wasn't murderer. and there was also of course the rodney king trial which polarized racial attitudes in the -- especially in los angeles. so we came into it with a whole lot of attitudes that had nothing to do with the evidence and had everything to do with how people felt about this particular defendant. and that was all brought to bear in the trial as a result of that and from the very beginning of the case and all the way through there were many who understood and believed that there would be no way to secure a conviction. in this case, casey anthony, there was no such belief about casey anthony. no one knew her. this is a woman who is accused of killing her baby. unfortunately this is not the first time a mother has been charged an we have been aware of that case, susan smith, andrea yates. those are different cases but still it's a mother killing a child. not something that has never been heard of before. we don't have any feelings about casey anthony in terms of oh, she's a wonderful person. we can't believe she would do this. so you don't start out with that kind of bias. and then, of course, on top of
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that i believe that this was a strong circumstantial case in which she was proven to be guilty. guilty of what might be a more debatable issue but certainly guilty of the homicide. >> jeff, comment on that point. more shocked than the o.j. verdict? especially when you hear these accounts now of the jury yors coming out, two of them saying we wish we could have convicted her but the state fell short. >> i thought that marcia and her colleagues proved o.j. simpson guilty beyond a reasonable doubt. i think that verdict was a terrible, terrible miscarriage of justice. i am less certain about this case. i think the jurors' comments showed that the jurors did what jurors were supposed to do, they listened to the instructions from the judge and they weighed whether the government proved its case. and i could definitely see, particularly on the first degree murder count, how they found the evidence wanting. obviously anyone who listened to this case, who heard about this mother waiting 30 days to report her daughter missing, i mean, you couldn't them but be outraged.
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you couldn't help but think this is a bad person and a bad mother. but that wasn't the charge. the charge was first degree murder. and i could definitely see how the jurors found that she was not guilty given the proof that was presented. >> and we had this debate after the o.j. verdict. we've had it after other controversial verdicts. marcia, it calls into question for some the efficacy of the jury system. should it? >> look, we can't help but question when a verdict comes out the way we don't think it should. when we disagree with a verdict. the first place we go. wow, why don't we abolish the jury and find another way to do it. i say let's consider or let's reconsider the practice we have of sequestering juries. i'm not so sure this is the answer to getting juries that are most fair and most unbiassed. i think we have to think again about how we manage these high-profile cases. i think a sequestered jury is one that actually attains a different mindset. there's a group dynamic that i think occurs in which they need
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consensus because they can't go home and -- they can't disagree with the people in the jury room and then go home to their places and feel safe and secure. they have to get along with these people. they become a family with them. and also a family with the people in the courtroom. i think that creates a mindset where they desire consensus and they actually have a visceral reaction against disagreeing with one another that is not the same thing that a regular jury might have. and i think that may produce these kinds of unusual verdicts, especially if you have a couple of leaders in there that were no friends to the prosecution and were able to pull the rest of the jurors along. it's something that's a group dynamic that i think deserves study and serious consideration. >> and marcia, you first then jeff i want your views on this as well. what about now the idea should these jurors, because this case received such attention, there could be money to be made out there. should they be allowed to capitalize on what is essentially performing a civic duty? >> well, we have a law now in california that prevents it ever since -- jeff is latching because he knows.
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but they did. jurors went out right away. they sold interviews and they sold a book. and the problem is this. i'm not saying that these jurors got into this particular case for the purpose of selling a book or selling interviews. but let's face it. if you want to be absolutely sure that jurors are not getting into a case for the purpose of finding book deals later on, then put this rule in that we have in california which says you may not profit, sell anything related to this trial for 90 days after the verdict. and i think that's a good way of ensuring that no one gets on the jury for an improper purpose. >> just parenthetically, marcia will remember this better an i will. the o.j. case was so crazy. there were books written during the trial by jurors who were dismissed during the trial. i mean, that, i mean, will never happen again. i don't think you need a lot of rules. these cases are very unusual. if people want to write books, i don't see any problem with that. people have a very false idea about the book publishing industry that publishers are
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throwing around hundreds of thousands of dollars -- i just think making any sort of rules based on these very aberrational cases is probably not a very good idea. >> quickly on this one. >> i don't think -- sorry. sorry. >> i was going to say quickly on this one. so the state loses on the three felonies, wins on the four mississippi misdemeanors. can the state of florida tax or somehow get money back from casey anthony to pay for the prosecution? >> i think that is such a bogus move by the state. you know what happened in this case? casey anthony won and the state lost. the state's got to deal with that fact. maybe they should be better at their jobs, not trying to sue the winner of this case. i just think that is silly, trivial, demeaning to all concerned. >> any disagreement, marcia? >> i do. i think that -- well, i know
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that we frequently do. and in california it's an absolute mandatory that every defendant is fined, whether win, lose or draw, as a matter of fact, especially if they lose and they are convicted. they are fined. and they get restitution fines and they can be very substantial. look. we're all in dire straits financially. and when a case costs undue amount of money and there's extra costs, really should the taxpayer bear that cost? why shouldn't the defendant bear the cost? she was convicted, after all. she wasn't completely acquitted of this case. so to the extent that she was convicted, i don't think there's anything wrong with fining a defendant. i have no problem with it. >> love to see how they figure out that math. she gets off on the felonies, convicted of the misdemeanors. how do you make that calculation? marcia clark, jeffrey toobin, thanks for being with us still ahead here, tonight could be the last night casey anthony spend behind bars. if she walks free after tomorrow's sentencing what will she face on the outside and what will it take to rebuild her life? dr. drew pinsky next.
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a lot happening tonight. isha joins us again with a 360 news and business bulletin. >> reporter: john, in boston reputed mobster james whitey bulger pleaded not guilty to all counts against him including his alleged role in 19 murders. he was captured in california late last month after 16 years on the run. fort hood shooting suspect major nidal hasan could face the death penalty if found guilty at his future court-martial. -- this afternoon after allegations surfaced that journalists from one of its
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the scandal involves some staff of the news of the world tabloid. rupert murdoch who runs the media empire called the allegations "deplorable and unacceptable." and john, forbes magazine is out with its list of top-earning women in hollywood. and there is a tie for the top spot. yes, you guessed it. those ladies on the screen, angelina jolie and sarah jessica parker each earned an estimated $30 million last year, john. >> is that all? only $30 million last year. >> reporter: only. >> keep me posted. >> i will indeed. we'll be right back. ...was it something big? ...or something small? ...something old? ...or something new? ...or maybe, just maybe... it's something you haven't seen yet.
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